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I am at a loss to understand why the women took no effort to protect themselves. As for the law, do HIV+ people need to have their partners sign a legal document in order to prove they disclosed their status? Otherwise it is he said she said.
This is not justice; as a criminal defense attorney & HIV+ individual I see many flaws. 1) What is the responsibility of the other adult to protect themselves? 2)What evidence is there one persons word against another? Intimate moments are difficult to monitor legally. HIV+ may have a moral responsibility but should not have a legal one. The stigmatization of this population needs to stop. The time (in prison) this individual is looking at is unjust. Legislation out of fear is not justice.
Denise
I wish it was a law here in Texas. If that was the case then the person who knowingly gave it to me might be in the same position. He would have thought perhaps about how severe the penalty is.
May 18, 2011